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When your healthcare provider’s negligence or misconduct directly or indirectly causes you to suffer significant injury or illness, you may have the opportunity to hold them accountable to the fullest extent of the law.

By pursuing a medical malpractice claim against them, you could recoup the compensation you need to get through these difficult times and ensure they are held accountable, so no one else suffers injuries due to their negligence.

With help from an Anderson medical malpractice lawyer at Hammack Law Firm, you can seek justice for your suffering. If you contact our office today, we can give you a free consultation and advice about your next steps.

Types of Medical Malpractice in Anderson

Medical malpractice is unfortunately all too common across Anderson and the entire state of South Carolina. This is partly because medical malpractice can take so many forms. Essentially, anytime a healthcare provider makes a medical mistake or error that another healthcare provider of similar training, education, and experience would not have made, there may be grounds for a medical malpractice case.

Some of the types of medical malpractice cases we have seen in Anderson civil courts include:

  • Birth injuries
  • Anesthesia errors
  • Surgical errors
  • Prescription medication errors
  • Defective medical devices
  • Failure to diagnose
  • Failure to treat
  • Misdiagnosis
  • Delayed diagnosis

These are only a few of the possible types of medical malpractice claims. If you have reason to believe you were a victim of another medical error not listed above, you may still have grounds for a claim. If you want to find out more about what legal options may be available to you, you can contact our office to discuss the details of your case.

When to Call an Anderson Medical Malpractice Attorney for Help

You may be entitled to file a medical malpractice claim or lawsuit if:

  • You were mistreated as a patient or received substandard medical care.
  • You developed an illness that can be traced back to a medical error, such as a misdiagnosis.
  • You discovered that a surgeon left a foreign object inside your body.
  • You lost a loved one who died due to an injury or illness stemming from medical negligence.

Our personal injury team at Hammack Law Firm handles medical malpractice cases. We can review your case for you and investigate whether a medical error may have caused you or your loved one’s injury or illness. If you live in Anderson, South Carolina, one of our medical malpractice lawyers can serve you and help you build your case.

Medical Malpractice Cases Have Different Standards
Than Personal Injury Cases

While personal injury involves proving how another person’s negligence caused the victim’s damages, medical malpractice cases are held to a higher standard. They typically involve:

  • Medical expert opinion
  • Prerequisite filings
  • Caps on damages

The Filing Deadlines for Your Medical Malpractice Case Vary

The deadline for filing your medical malpractice lawsuit depends on when you knew or should have known about your injury or illness. Per S.C. Ann §15-3-545, the general limitations are:

  • Three years from the date of injury, if you were immediately aware a medical error caused your injury or illness
  • Three years from the date you discovered a medical error caused your injury or illness (up to a maximum of six years from the date of injury), if you were not immediately aware that your injury or illness was related to a medical error
  • Two years from the date you discovered a foreign object in your body after surgery

Our team can review your case and identify which statutory deadline applies. We can then take appropriate action to file your lawsuit on time and keep you updated as it progresses.

Medical Malpractice Case Filing Requirements

Before you can file a medical malpractice lawsuit, you have to file two documents with the state court system:

  • Notice of Intent: S.C. Ann § 15-79-125 requires you to submit a notice to the court and all healthcare workers involved regarding your intention to file a medical malpractice lawsuit. This notice must include who you are suing and why, among other details about your case.
  • Affidavit of an Expert: S.C. Ann § 15-36-100 mandates that you have a medical expert witness provide analysis and explanation about whether a medical error occurred and if it can be tied to your injury or illness. This expert must submit an expert affidavit to the court.

If you fail to file these prerequisites, your case may be dismissed upon filing your lawsuit.

Our Attorneys Can Help You Fight for Compensation for Your Damages

If you decide to work with a medical malpractice lawyer from our team, one of the first things we will do is gather evidence to calculate the value of your case. Even if you are still recovering from your injuries in Anderson, we can start this process and explain how your desired compensation total to you in a future consultation.

You may be entitled to the following types of damages:

  • Medical treatment costs, including expenses to cover the original medical treatment that led to your injury or illness and future treatment you might need to recover
  • Income loss, including future income you anticipate losing if you are still recovering from your condition or are not expected to recover at all
  • Reduced earning potential if your injury or illness has affected your ability to work in the same position or field, whether temporarily or permanently
  • Pain and suffering, which includes both emotional and physical pain
  • Diminished quality of life, which includes losing joy in hobbies or activities you enjoyed before your injury or illness
  • Permanent disability or disfigurement if the medical error made permanent changes to your physical or mental abilities or appearance

You may include other damages not listed here in your demand letter for compensation. Before we send your notice of intent, we will discuss how much compensation we intend to pursue on your behalf.

If You Lost a Loved One Because of a Medical Error

If your loved one did not survive their injuries or illnesses, we want to help you seek justice against the negligent medical professionals who should have prevented their death from happening.

If your medical malpractice case involves the loss of a loved one, you may be entitled to pursue wrongful death damages, such as:

  • Costs to pay for funeral services, including cremation or burial services
  • Income loss if your loved one financially supported your family or contributed to the household income
  • Emotional losses, such as loss of parental guidance, companionship, affection, and society
  • Loss of consortium

Our Law Firm Will Help You Build Your Medical Malpractice Case

You do not have to take on the challenge of going up against medical facilities and their insurance companies or legal teams by yourself. Our law firm helps people like you stand up against these parties and fight for the justice they deserve. We can strategize how to present a comprehensive case on your behalf.

If you decide to hire us, we can do the following for you as our client:

  • Identify who can be held liable for your injuries or illnesses, such as a doctor, nurse, facility, pharmacist, or other health care worker
  • Investigate your case to see if there is evidence that a medical error led to your injury or illness
  • Interview medical experts to provide testimony
  • Calculate your damages
  • Prepare and submit paperwork on your behalf
  • Negotiate a potential lawsuit with the medical malpractice insurance company or the opposing party’s attorneys
  • Present your case in court

We can also make ourselves available to you whenever you have questions or concerns about your case.

Liability for Medical Malpractice in Anderson

One of the primary reasons medical malpractice claims can be so complex is because healthcare providers often work in teams, and there may be multiple parties who share liability for your injuries.

Your attorney will carefully examine the details of your case to reveal who is responsible for your injury or illness. There are a variety of medical professionals who could be held accountable for medical malpractice cases in Anderson, such as:

  • Obstetricians
  • Pediatricians
  • Midwives
  • Gynecologists
  • Anesthesiologists
  • Surgeons
  • Physicians
  • Nurses
  • Nursing assistants

You may also file a claim against the doctor‘s office or hospital where you received care. However, cases of this nature can be complex, as the healthcare provider’s employment status with the hospital or healthcare facility could directly impact your ability to hold the hospital or healthcare facility accountable.

If the facility employs the healthcare provider who committed medical malpractice, you may have a stronger case against them. You can learn more about who you could sue for your injuries when you contact your medical malpractice lawyer in Anderson for help.

Call Hammack Law Firm Today to Hire One of Our
Medical Malpractice Lawyers

If you are a victim of medical malpractice or discovered an injury or illness that a medical error caused, our team at Hammack Law Firm wants to help you fight for compensation. We can have a medical malpractice lawyer from our team serve you in Anderson or a surrounding area in South Carolina.

Call (864) 326-3333(864) 326-3333 or complete a free case evaluation form to get started today.

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